STATE OF GUJARAT Vs. MOSIN HUSENBHAI BHODA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 27/11/2014 passed by the learned 5 th Additional Sessions Judge, Veraval, Junagadh in Sessions Case No.49 of 2012, whereby the respondents accused came to be acquitted for the offences under Sec. 498(A) , 306 , 114 of Indian Penal Code, the appellant - State has preferred present appeal under Sec. 378 of the Code of Criminal Procedure, 1973 ("the Code" for short).

(2.) Brief facts of the case leading to filing of the appeal are that as per the complaint, the complainant filed complaint stating that his sister's (Saminaben) marriage was solomnized to respondent no.1 on 26/6/2008, out of said wedlock, the deceased had begotten child aged 3 years. On 22/8/2012, the complainant received information on phone that his sister is burnt and she was admitted in Verval Government Hospital. It is stated in the complaint that respondents were giving constant torture and cruelty to the deceased and hence, deceased committed suicide. Thus, FIR being C.R.No.I - 74 of 2012 at the instance of the complainant came to be registered against the respondents accused for the aforesaid offences.

(3.) In pursuance of the complaint being C.R.No.I - 74 of 2012 lodged by the complainant with the Veraval City Police Station for the aforesaid offences, the investigating agency started usual investigation and recorded statements of the witnesses, drawn various Panchnamas and obtained FSL report for the purpose of proving the offence. After having found sufficient material against the respondents accused, charge-sheet came to be filed in the Court of learned CJM, Veraval. Since trial of offence alleged against accused is triable exclusively, before Court of Sessions, learned CJM had committed offence to Sessions Court, Veraval as provided in Sec. 209 of the Code.